Fleming v. Townsend
Supreme Court of Georgia
Trover, in McIntosh Superior Court. Tried before Judge Fleming, November Term, 1848. This was an action of trover, for the recovery of two negro slaves, Joe and Elsy.
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Trover, in McIntosh Superior Court. Tried before Judge Fleming, November Term, 1848. This was an action of trover, for the recovery of two negro slaves, Joe and Elsy. Upon the trial it appeared, that on the 4th day of May, 1835, John L. Taylor, by bill of sale, conveyed the said negroes, with one other, together with certain stock — cattle, hogs and horses — to said George G. Fleming, for a consideration expressed on its face, of $1400 ; and that on the 7th May, 1835, said Fleming, for the same expressed consideration, conveyed the said negroes to the children of John L. Taylor. Both bills of…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The first proposition of the presiding Judge, to which the plaintiff in error excepts, is this : “ The retention of possession by the vendor of personal property, after an absolute sale, is primafacie evidence of fraud, and if unexplained, becomes conclusive.” This point has been so often before this Court, that I do not consider it an open question, ,‘j Few, if any Courts, have ventured to question that the retaining”of possession, was a badge of fraud. The question has been, whether it was not, per sc, a fraud, not susceptible of…
2Cases cited3 opinions
- Cathcart v. RobinsonSupreme Court of the United States · 1831
- Jackson ex rel. Stewart v. TownNew York Supreme Court · 1825
- Thompson v. LeeSupreme Court of Pennsylvania · 1842
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- Isler v. GriffinSupreme Court of Georgia · 1910
- Chandler v. Georgia Chemical WorksSupreme Court of Georgia · 1936
- Patterson Co. v. Peoples Loan & Savings Co.Supreme Court of Georgia · 1924
- Ocklawaha River Farms Co. v. YoungSupreme Court of Florida · 1917
- Stephens v. Southern Cotton Oil Co.Supreme Court of Georgia · 1917
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